A-7
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A-8
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B-1
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EXHIBIT B
COMPENSATION
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Ver. 02/2019
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 31, 2023 (“Effective Date”) and is between the City of Maywood, a California municipal corporation (“City”) and City Fabrick (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent Consultant to perform and provide Professional Technical Assistance Services for the Randolph Avenue Beautification Project.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. The City Manager is authorized to amend the Scope of Services and execute any amendments to the Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Brian Ulaszewski (the “Consultant Representative”).
The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services pursuant to a written notice to proceed and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2024, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Scope of Services satisfactorily rendered, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services required by this Agreement, an amount up to $284,280, as more particularly described in Exhibit B (“Compensation”). Said Compensation shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $284,280, which includes expenses and additional services (if any) during the term of this Agreement (“Maximum Compensation”). Notwithstanding, the Services may be refined and revised by the City and Consultant and in such case, the final fee for each task may change. The City Manager and Consultant may revise the fees for each task as warranted but in no event shall the total exceed the Maximum Compensation.
B. Expenses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in Exhibit B.
C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council, or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City’s warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent Consultant. Consultant is, and shall at all times remain as to City, a wholly independent Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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located within the City. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
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8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Consultant relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subconsultant, its officers, agents, servants, employees, DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self-insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
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Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager, or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage.
Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. SubConsultant Insurance Requirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
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12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293
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courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: City Manager Attn:Principal &Executive Director
City of Maywood City Fabrick
4319 East Slauson Avenue 425 E. Fourth Street, Suite E
Maywood, California 90270 Long Beach, California, 90802
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subConsultant or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
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20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
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25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Maywood City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
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[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
By:
Frank Garcia
Mayor of the City of Maywood
ATTEST:
By:
Daisy Guerrero, Deputy City Clerk
APPROVED AS TO FORM:
By:
Roxanne Diaz, City Attorney
Consultant:
City Fabrick
By:
Name: Brian Ulaszewski
Title: Principal & Executive Director
DocuSign Envelope ID: A5E18740-0190-4E0D-B34A-4B50C5AC4293 8/17/2023
8/16/2023
8/17/2023
8/17/2023
B-1
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT B
COMPENSATION
For the Services provided by Consultant, the City shall pay to the Consultant a fixed fee sum not to exceed two hundred fifty-nine thousand and two hundred eighty dollars ($259,280) including a $12,000 allowance for reimbursable and printing expenses (inclusive of monthly cost accounting invoice receipts as set forth below and in compliance with the Budget Detail provided to the Los Angeles County Regional Park and Open Space District (RPOSD) in support of the Technical Assistance Program (TAP) grant. The Budget Detail is attached hereto as part of this Exhibit B and contains the rate and budget for types of Services. Consultant shall comply with all invoices any other requirements required by RPOSD under the TAP grant in order for the City to be reimbursed. In addition, if legal and real estate technical assistance is requested by the City in writing, the maximum amount of compensation paid to Consultant for such services shall not exceed twenty-five thousand dollars ($25,000) and paid in the manner as is more further described below.
Payment shall be made according to the following:
(1) A sum not to exceed nineteen thousand nine hundred fifty dollars ($19,950) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for project management costs. This payment shall be made incrementally by the City to the Consultant in monthly installments based on percentage of work completed. (2) A sum not to exceed two thousand eight hundred dollars ($2,800) for Real Estate Advisory services. This payment shall be made incrementally by the City to the Consultant on a monthly basis based on the percentage of work completed. (3) A sum not to exceed seventy-three thousand two hundred forty dollars ($73,240) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for Site Investigation costs. This includes, but is not limited to, ALTA survey, desktop geotechnical study, literature report, etc. This payment shall be made incrementally by the City to the Consultant on a monthly basis based on the percentage of work completed.
(4) A sum not to exceed forty-two thousand four hundred dollars ($42,400) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for Community Outreach & Engagement, Demonstration Event, Design Pitch Presentation costs (based on the maximum sums for each task as set forth in the cost proposal). This payment shall be made incrementally by the City to the Consultant on a monthly basis based on the percentage of work completed.
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(4) A sum not to exceed thirty-three thousand and five hundred dollars ($33,500) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for Environmental Review costs. Notwithstanding, the amount of the final fee for this task is dependent on the extent of the project right-of-way that is obtained by the City and thus the final leasable area. Accordingly, the final fee for this task may change. This payment shall be made incrementally by the City to the Consultant on a monthly basis based on the percentage of work completed.
(5) A sum not to exceed seventy-five thousand and three hundred and ninety dollars ($75,390) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for Conceptual Design costs. Notwithstanding, the amount of the final fee for this task is dependent on the extent of the project right-of-way that is obtained by the City and thus the final leasable area. Accordingly, the final fee for this task may change. This payment shall be made incrementally by the City to the Consultant based on the percentage of work completed.
(6) A sum not to exceed twelve thousand dollars ($12,000) shall be made to the Consultant for direct expenses related to the Randolph Beautification Project for Direct reimbursable costs such as translation, printing, etc. This shall be reimbursed with supporting documentation of actual expenses (receipts) with no additional mark-up and an invoice that lists the task associated with the expense. (7) A sum not to exceed twenty-five thousand dollars ($25,000) as needed for Legal and Real Estate Technical Assistance shall be made to the Consultant as related to the Randolph Beautification Project. Such services shall be based on an hourly basis and only if requested by the City based on the hourly rates and costs (if any) set forth in the schedule of fees included as part of this Exhibit B. This shall be paid on monthly basis with appropriate invoices that contain the description of the services by attorney, the time billed in increments of 1/10th of an hour, and the hourly rate.
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AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 11.
DATE: September 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: GABRIEL GRAJEDA, ADMINISTRATIVE ANALYST
SUBJECT: CONSIDERATION OF APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH MUNICIPAL WASTE SOLUTIONS AND
RECOMMENDATION TO APPROPRIATE AN ADDITIONAL $36,756 FROM THE
GENERAL FUND
RECOMMENDATION:
Staff recommends that the City Council:
1. Approve the Second Amendment to the Professional Services Agreement with Municipal Waste Solutions for the continued provision of solid waste consulting services for a one-year extension to September 23, 2027.
2. Authorize the City Manager to execute the Agreement, subject to approval as to form by the City Attorney.
BACKGROUND:
The City currently utilizes Municipal Waste Solutions, Inc. (MWS) to provide solid waste consulting services.
The proposed action would extend the existing Professional Services Agreement for an additional one-year term. MWS provides assistance with CalRecycle reporting requirements, compliance monitoring including SB1383 implementation, record maintenance, waiver administration, edible food recovery compliance, selfhauler program administration, construction and demolition compliance activities, and education and outreach.
The City entered into a Professional Services Agreement with MWS on February 13, 2019. The Agreement was subsequently amended on July 13, 2022, to include mandated state requirements related to California’s Short-Lived Climate Pollution Reduction law or SB 1383. Since the commencement of services, the contractor has provided ongoing support satisfactorily to the City and has developed extensive institutional knowledge regarding the operations of the City’s contracted trash hauler and MWS maintains years of experience in regulatory requirements.
DISCUSSION:
The current agreement with MWS expired on September 6, 2026. Staff have evaluated the contractor's performance and recommends extending the agreement for an additional one-year term to ensure continuity of services and continued operational efficiency. The updated Scope of Services reflects the City's ongoing needs related to SB 1383 implementation, regulatory reporting requirements, compliance monitoring, and
related solid waste and recycling support activities. The proposed compensation adjustment reflects an increase in the hourly rate of MWS since 2019, which contributes to higher contract cost, while remaining aligned with the specialized expertise and level of service required to support the City's regulatory and operational needs. Consistent with the City's Municipal Code, allows for extensions when a continuation of services with the existing contract is in the best interest of the City due to operational efficiency, continuity of service, institutional knowledge, and proven performance.
The one-year extension will allow the City to initiate a Request for Proposals (RFP) process to conduct procurement for solid-waste consulting services in 2027. Staff will return to the City Council in 2027 with a recommended consultant.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
For Fiscal Year 2026-27, $23,244 has been allocated in the budget for solid waste management services. If authorized by the Council, the proposed one-year contract extension would require an additional appropriation of $36,756 from the General Fund bringing the total proposed compensation to an amount not-to-exceed $60,000 for services provided. Professional services will be billed at an hourly rate identified in Exhibit B-2 of the Agreement.
The table below summarizes the estimated General Fund Balance, if this item is approved.
F.Y. 26-27 Impact: $36,756 Current F.Y. Budget: 2026-2027 Fund Impacted: 100-General Fund Budget adjustment requested: $36,756 Estimated General Fund Balance through Council
Meeting 8/26/26: $11,066,160.00
Updated General Fund Balance, assuming an
additional $36,756 appropriation: $11,029,404.00
ATTACHMENT(S)
1. Amendment No. 2 to the Professional Services Agreement with Municipal Waste Solutions
2. Amendment No. 1 to the Professional Services Agreement with Municipal Waste Solutions
3. Professional Services Agreement with Municipal Waste Solutions – Effective February 13, 2019
1 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MAYWOOD AND MUNICIPAL WASTE SOLUTIONS This Second Amendment (“Amendment”) is entered into as of September 23, 2026, and is to that Professional Services Agreement dated February 13, 2019, by and between the City of Maywood, a California municipal corporation (“City”) and Municipal Waste Solutions, Inc. (“Consultant”). City and Consultant are sometimes referred to as the “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, City and Consultant entered into a Professional Services Agreement on February 13, 2019, for solid waste consulting services and was subsequently first amended on July 13, 2022 to expand the scope of services related to the introduction of state-mandated SB1383 requirements (“Agreement”); and
WHEREAS, the Parties desire to amend the Agreement’s Term for a one-year extension, update the scope of services, and amend compensation; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
Section 1. Term of Agreement.
Section 2 of the Agreement is hereby amended to read as follows:
“The term of this Agreement shall be from the Effective Date through September 23, 2027, unless sooner terminated as provided in Section 12 of this Agreement or extended.” Section 2. Revised Scope of Work.
Consultant shall provide the City with continued services related to solid waste management, and recycling consulting services including providing SB1383 compliance and is more particularly described in Exhibit A-2. Services shall be provided pursuant to the terms of the Agreement.
Section 3. Compensation.
For services provided by Consultant for Tasks A.1 through A.14, the City agrees to compensate Consultant in an amount not to exceed $60,000 for the one-year extension based on the hourly rate more particularly described in Exhibit B-2.
Section 4. Agreement in Full Force and Effect.
Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
2 IN WITNESS WHEREOF, the Parties have caused their duty authorized representatives to execute this Amendment to the Agreement as of the date written above.
3 City: City of Maywood
By:
Jennifer Vasquez
City Manager
ATTEST:
Consultant: Municipal Waste
Solutions, Inc.
By:
Name: Susan Contreras
Title: Owner
Miguel Leon, Deputy City Clerk
APPROVED AS FORM:
Roxanne Diaz, City Attorney
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EXHBIT A-2
REVISED SCOPE OF SERVICES
The Services to be provided by Consultant is for Consultant's management and compliance monitoring of Commercial Waste Services with the terms of the waste hauler Collector Agreement entered into between the City and Commercial Waste Services (Collector) assigned on September 6, 2018 (“Collector Agreement"). The nature and scope of the specific services to be performed by Consultant are as set forth below and shall be interpreted to ensure appropriate monitoring of the terms and conditions contained in the waste hauler Collector Agreement and Compliance with CalRecycle. The Services of Consultant are to coincide with the terms of the Collector Agreement. If during the term of this Agreement, there is a transition into any other Collector Agreement, the Services will be continued and transitioned to the new Collector.
A. Solid Waste Management, AB 939 Recycling, and SB 1383 Compliance Services Municipal Waste Solutions (MWS) will provide solid waste, recycling, organics, SB 1383 compliance, regulatory reporting, and related technical assistance to the City of Maywood. The services below update the City's prior scope to reflect current State requirements and the City's ongoing program administration needs and specifically the following:
1. SB 1383 Program Administration and Regulatory Compliance Provide ongoing administration and technical support for the City's compliance with SB 1383 and the City's Mandatory Organic Waste Disposal Reduction Ordinance. Monitor applicable CalRecycle requirements and regulatory updates; advise City staff regarding program implementation, documentation, corrective actions, and compliance needs.
2. CalRecycle Reporting and Regulatory Assistance
Prepare and/or assist with required CalRecycle reporting, including the Electronic Annual Report (EAR), SB1383 reporting, implementation documentation, and responses to CalRecycle inquiries. Participate in CalRecycle calls, reviews, and other regulatory communications as requested by the City.
3. SB 1383 Implementation Record and Recordkeeping
Maintain and organize documentation supporting the City's SB 1383 Implementation Record, including records related to education and outreach, waivers, inspections, enforcement, edible food recovery, procurement, hauler reporting, self-hauler reporting, and other required program activities.
4. Generator Compliance Monitoring and Inspections
Monitor commercial businesses and multifamily properties for compliance with applicable solid waste, recycling, and organic waste requirements. Conduct or coordinate compliance reviews and inspections; document findings; provide technical assistance; and perform followup activities necessary to address noncompliance.
5. Waiver Administration
Administer the City's de minimis and physical-space waiver program, including review of applications and supporting documentation, eligibility verification, tracking, renewals,
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inspections when appropriate, and recommendations regarding approval, denial, or rescission.
6. Commercial Edible Food Recovery Program
Identify and monitor applicable Tier One and Tier Two Commercial Edible Food Generators.
Review required records and food recovery agreements; conduct required compliance inspections; coordinate with food recovery organizations and services; track annual reporting; and assist the City with edible food recovery capacity and compliance requirements.
7. Self-Hauler Program Administration
Administer the City's self-hauler compliance program, including annual certifications, quarterly reporting, review of tonnage and facility information, follow-up on expired or missing certifications and reports, and maintenance of supporting records such as weight tickets or other documentation provided by self-haulers.
8. Construction & Demolition (C&D) Compliance Review
Provide C&D compliance review and technical assistance as needed, including review of project diversion documentation, weight tickets and disposal/recycling facility records; verification of applicable diversion requirements; identification of missing or deficient documentation; follow-up with applicants, contractors, or City staff; and recommendations regarding compliance prior to project closeout or approval.
9. Hauler Oversight and Reporting
Review required hauler reports and supporting information, including tonnage, processing and disposal destinations, facility information, contamination monitoring information, and other reports required by the City's ordinance or applicable agreements. Coordinate with the City's franchised hauler regarding compliance issues and requested data.
10. Solid Waste and Recycling Contract Compliance Support Provide ongoing technical assistance related to the City's solid waste, recycling, and organics collection programs and the City's Collector Agreement. Review program performance and available reports; identify potential compliance issues; and assist City staff with follow-up.
11. Procurement Compliance
Assist the City with SB 1383 recovered organic waste product procurement and recycledcontent paper requirements, including tracking procurement activities, obtaining required documentation from City departments, vendors, and direct service providers, and maintaining records necessary to demonstrate compliance.
12. Education and Outreach
Develop, update, coordinate required solid waste, recycling, organics, edible food recovery, self-hauler, and SB 1383 education and outreach materials. Review bilingual materials when appropriate and support City outreach activities and generator education.
13. Enforcement and Corrective Action Support
Document compliance issues and assist the City with required follow-up, including educational notices, notices of violation, corrective action tracking, and recommendations for enforcement.
Final issuance of administrative citations or penalties will remain with the City unless otherwise authorized.
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14. City Staff, Public and Regulatory Support
Provide technical assistance to City staff; respond to solid waste and recycling program questions; attend meetings with City staff, the City's hauler, generators, CalRecycle, or other parties as requested; and provide supporting information for City Council or other City proceedings when necessary.
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EXHIBIT B-2
COMPENSATION
Rate: The professional services rate is $130.00 per hour. MWS will bill the City for actual professional services performed at the proposed rate of $130.00 per hour.
Total Compensation: Consultant shall conduct Services for a one-year cost at a not-to-exceed amount of $60,000 for items A.1 through A.14 listed in Exhibit A-2, under the entitled Section A.
Solid Waste Management, AB 939 Recycling, and SB 1383 Compliance Services.
Additional of Extraordinary Services: If at the request of the City, Consultant is required to perform additional or extraordinary services outside the Scope of Services which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses at the current professional services rate of $130.00 per hour for work if approved in advance in writing by the City Administrator or designee.
Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses.
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FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN
THE CITY OF MAYWOOD AND MUNICIPAL WASTE SOLUTIONS
This Amendment to the Professional Services Agreement is entered into as of July 13, 2022 ("Amendment") and amends the Professional Services Agreement by and between the City of Maywood, a municipal corporation ("City") and Municipal Waste Solutions ("Consultant") dated February 13, 2019 ("Agreement").
RECITALS
A. City and Consultant entered into the Agreement for solid waste and recycling consulting services.
B. City and Consultant desire to amend the Agreement to expand the scope of services related to the implementation of the City's SB 1382 Action Plan and amend the compensation for these additional services.
NOW THEREFORE, it is mutually agreed by and between the City and Consultant as follows:
Section 1. Additional Services. Consultant shall provide the City with additional services related to the implementation of the City's SB 1 382 Action Plan and as is more particularly described in Exhibit A-1 to this Amendment ("Additional Services"). The Additional Services shall be provided pursuant to the terms of the Agreement.
Section 2. Corn ensation. For the Additional Services provided by Consultant for Tasks I, II, III and V through December 31, 2021, City agrees to compensate Consultant in an amount not to exceed $16, 500 based on the hourly rates more particularly described in Exhibit A-1. Thereafter, for the Additional Services provided by Consultant during calendar year 2022 and 2023 City agrees to compensate Consultant in an amount not to exceed $15,500 each calendar year based on the hourly rates more particularly described in Exhibit A-1.
Section 3. Except as expressly modified by this Amendment, all other provisions of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written.
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 CITY OF MAYWOOD:
DocuSigned by:
By:
Heber gRfEf^p,3Wayor
CONSULTANT:
Municipal Waste Solutions
DocuSigned by:
By: S^-SflU. ^lA^tTdS
Name:
Title: President
290BFF5A37B441A...
Susan Contreras
ATTEST:
DocuSigned by:
Qw^ew AyvvUei^
Andrea pffii^lty Clerk
APPROVED AS TO FORM
DocuSigned by:
By: f^OUAWl- Pt'A^
Rox 10fa2A2©ity Attorney
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 EXHIBIT A-1
ADDITIONAL SERVICES
nvelope^D: 1B6£80 84-41 - 1 11
M C AL AST SO 0 S
P.O. Box 2045
Blue Jay, CA 92317
April 28, 2021
City of Maywood
Jennifer Vasquez, City Mgr
4319SlausonAve
Maywood, CA 90270
Phone 909-234-9099
Subject: Pro osal for Solid Waste & Rec din Consultin Services SB 1383 Action Plan Im lementation and On oin SB 1383 Services Dear Jennifer;
It is with great pleasure and anticipation that Municipal Waste Solutions (MWS) provides the City of Maywood with this Proposal for Solid Waste & Recycling Consulting Services to oversee the implementation of the SB 1383 Action Plan (Proposal). Having worked in the solid waste consulting and contract management industry for over 30 years, and with the City of Maywood for the last three years, we feel our services are well suited for the City of Maywood, particularly with compliance in the midst of California Legislation relating to solid waste and recycling such as AB 939, AB 341, AB 1826, SB 1383 and other related legislation. Attached you will find our Proposal and Statement of Qualifications.
PROJECT UNDERSTANDING
This Proposal is to assist in implementing the City's SB 1383 Action Plan (Exhibit II) in response to the CalRecycle Notice of Program Gaps. With the recent CalRecycle Review of Maywood's Implementation of AB 1826 - Mandatory Organic Recycling (MORe) program deficiencies, it is crucial to promptly address the program gaps as outlined in the Revised Action Plan's timeline submitted to CalRecycle. The Revised Action Plan Timeline was approved by CalRecycle and the implementation will be closely monitored for the next 12-18 months as stated in the June 25, 2020 Letter (Exhibit III). If adequate progress to address the gaps is not achieved, the City will be notified and referred to the JCU for investigation which could result in a Compliance Oder and fines of up to $10,000 per day. In addition to enforcement, there are various Commercial Food Generator, Edible Food Recovery & Self Hauler records and reports that the City is required to review and maintain to ensure compliance as well as specific City reporting requirements.
Municipal Waste Solutions, P.O. Box 2045, Blue Jay, CA 92317 (909)-234-9099 Page 1
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PROPOSED PROJECT SCOPE OF WORK
Oversee Im lementation of CalRec de SB 1383 Action Plan The below tasks outline each component necessary to implement the City's SB 1383 Action Plan which is required to come into Compliance with CalRecycle. The Action plan was submitted to CalRecycle to avoid a Compliance Oder for Program Gaps. Implementation of the Action Plan is critical as it will be closely monitored by CalRecycle and the City will be referred to the CalRecycle JCU for Compliance Oder if an item fails to be implemented as scheduled.
TASK I Mandatory Commercial Recycling and Organics Recycling MWS will review CalRecycle's Model Mandatory Ordinance and draft Maywood's Mandatory Commercial Recycling and Organics Recycling Ordinance for the City Attorney's review which will effectively compel businesses to comply with MCR and MORe and thereby allow the city the enforcement capability to come into State Mandated Compliance and avoid fines by CalRecycle.
The Revised Action Plan designates the 2nd Quarter, 2021 as the time period for City Council to approve the new Ordinance and January 1, 2022 as the effective date of the Ordinance.
TASK II Program Requirements Review
MWS will review all relevant documents to identify program requirements and/or programs required for compliance. These documents and data sources include but are not limited to:
1. Review existing solid waste ordinances/franchise agreement requirements to determine modifications needed
2. Review the City's Program Gaps
3. Review Current Rate Sheet for Waste and Recycling
4. Review Customer List identifying those recycling
5. Review 3 Party Recycling Report
6. Review Hauler and City's progress on implementation
TASK III Implement Program Gap Action Plan
MWS will meet with the City and the Franchised Hauler to:
1. Review CalRecycle Model Mandatory Organics Recycling Ordinance
2. Draft City of Maywood's Mandatory Organics Recycling Ordinance
3. Discuss any contract or rate structure changes that may be required
4. Work with City and Hauler to draft new contract requirements as necessary to ensure services are being provided
5. Review the Plan of Action with the necessary steps to implement the steps outlined
6. Ensure that material collected is being taken to a proper facility for processing Municipal Waste Solutions, P.O. Box 2045, Blue Jay, CA 92317 (909)-234-9099 Page 2
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102
7. Review necessary reporting requirements
8. Consider enforcement methods
9. Develop a plan and scope of waste assessments including identifying third party and/or self recycling.
10. Oversee Hauler Waste Assessments which are scheduled to take place in the 2 Quarter of 2021
11. Compile accounts to receive MWS drafted MCR and/or MORe Non-Compliance and Exemption Letters
12. Draft Letter to affected businesses advising of the Mandatory Organics Ordinance and Rates
13. Oversee that any necessary carts are ordered and received as scheduled
14. Coordinate and Oversee Hauler Workshops
15. Oversee Hauler identification and outreach to Tier 1 & 2 Food Generators
16. Review Hauler outreach to Food Banks and Food Recovery Services
17. Draft City of Maywood's Recovered Organic Waste Product Procurement Ordinance TASK IV On-going SB 1 3838 Oversight
1. Compile reports from Commercial Food Generators and review their compliance
2. Compile reports from Self-Haulers and review their compliance
3. Compile reports from Edible Food Recovery Organizations and Services and review their compliance
4. Report Capacity Planning Data to the County
5. Compile City's data of Direct Procurement for reporting purposes
6. File Required Organics and Procurement Reports to CalRecycle
7. Review Waivers and Maintain Waiver Log
TASK V City Liaison to CalRecycle
MWS will act as the City's liaison to CalRecycle for all regulatory compliance communications, revision of programs, data reports, submittal of required reports and conference calls/Zoom type meetings.
Municipal Waste Solutions, P.O. Box 2045, Blue Jay, CA 92317 (909)-234-9099 Page 3
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 Cost of Services
Im lementation ofCalRec de SB 1383 Action Plan
MWS will conduct these tasks Tasks I, II, III and V through December 31, 2021, as directed by the City at a base cost of $95 per hour, with a not to exceed amount of $16500. Once the program is implemented (January 1, 2022) MWS will conduct the ongoing Tasks IV & V, as directed by the City at a base cost of $95 per hour, with an annual not to exceed amount of $15, 500.
If you have any questions or require further clarification of this proposal, please do not hesitate to contact me at 909-234-9099.
Sincerely,
5u^a^v Ccmtrera^
Susan Contreras
Principat/Senior Consultant
Municipal Waste Solutions, P.O. Box 2045, Blue Jay, CA 92317 (909)-234-9099 Page 4
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102
EXHIBIT I
MWS SCHEDULE OF RATES
Principal/Senior Consultant $95/Hr
Senior Staff $75/Hr
Junior Staff $55/Hr
Administrative Staff $40/Hr
Subcontractor Cost
Travel Expenses $.45/nflile
Reproduction $0. 25/Pg
Municipal Waste Solutions, P.O. Box 2045, Blue Jay, CA 92317 (909)-234-9099 Page 5
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 IIBIT II
CITY OF MAYWOOD
ACTION PLAN
MANDATORY COMMERCIAL RECYCLING (MCR/AB 341) MANDATORY COMMERCIAL ORGANICS RECYCLING (MORe/AB 1826)
Revised 3/1/21
Program Development A^?^e Res^ible Frequency Completion Ordinance to require regulated businesses
to have and participate in MCR, MORe and
SB 1383 collection services
Review CalRecycle
Model Ordinance
AB341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time
1st Qtr
2021
Draft Ordinance
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time
1st Qtr
2021
. City Attorney to
Review Draft
Ordinance
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time
>nd 2na Qtr
2021
st
1 Reading of Ordinance
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time
2nd Qtr
2021
Approval by Council
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time
2nd Qtr
2021
. Ordinance goes into
effect
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction One-Time Jan,
2022
DocuSign Envelope ID: 1B6E80F3-8D84^108-9108-59530DEA1102 . Enforcement activities
commence
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction On-going 1st Qtr
2022
. Maintain records of
enforcement activities
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction On-Going
1st
Qtr
2022
Require Haulers to provide services to all
MCR &MORe re ulated businesses
Exclusive Hauler
Agreement Becomes
Effective
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Hauler One-Time Sept,
2020
Enforcement of new
hauler requirements
Hauler Jurisdiction On-going
as needed
4th Qtr
2020
Meet with Hauler on
a regular basis
Hauler Jurisdiction Monthly Ongoing
Review Reports
submitted by hauler
Hauler Jurisdiction Monthly
4th Qtr
2020
Take action if not in
compliance with
agreement
Hauler Jurisdiction On-going
as needed
4th Qtr
2020
Letter will be sent to
regulated businesses
to inform them of new
rates and Ordinance
as applicable
Hauler Jurisdiction One-Time
i rd 3ra Qtr
2021
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 Determine collection service needs
Develop plan to
determine service
levels for regulated
businesses that will
receive service
Hauler
Hauler/
Jurisdiction
One-Time
and ongoing as
needed
>nd 2na Qtr
2021
Develop scope of
assessment for each
business
(number per month,
which regulated
businesses, tracking of
information, follow-up,
how businesses will be
contacted will be taken
into consideration)
Hauler
Hauler/
Jurisdiction
One-Time
and ongoing as
needed
2nd Qtr
2021
Conduct annual waste
Assessments
Hauler Hauler/
Jurisdiction
Annually &
on-going as
needed
2nd Qtr
2021
. Follow up with
businesses as needed
after collection service
starts
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Hauler/
Jurisdiction
Annually &
on-going
as needed
1st Qtr
2022
Adopt Ordinance Hauler Jurisdiction One Time 2nd Qtr
2021
. Order
containers/expected
arrival date
Hauler Hauler
One-Time
& on-going
as needed
4th Qtr2021
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 Develop
signage/outreach to
ensure containers being
utilized properly
(Providing internal
signage to businesses
that have customers that
consume material on site
will be considered)
Hauler Hauler One- Time
& On-going
as needed
4 Qtr
2021
Set up service with
customer- communicate
to customer, deliver
container, provide
signage and
education
AB 341 &
AB1826
Regulated
Businesses
Multi-Family &
Commercial
Hauler
One- Time
& On-going
as needed
Jan
2022
Provide MCR &MORe services
automaticall to all re ulated businesses
. Order
containers/expected Hauler
arrival date
Hauler
One-Time
& On-going
as needed
4th Qtr 2021
Develop
signage/outreach to
ensure proper
containers utilization
(internal signage to
businesses that have
customers that
consume material on
site will be
considered)
Hauler Hauler
One-Time &
On-going
as needed
4th Qtr
2021
Set up service with
customercommunicate to
customer, deliver
container, provide
signage and education
AB341 and
AB1826
Regulated
Businesses
Multi-Family &
Commercial
Hauler
One-Time
&0ngoing as
needed
Jan,
2022
Identification of all MCR &MORe regulated
businesses self-hauling
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 . Develop method to
identify all regulated
businesses that are
currently self-hauling.
AB 341 &
AB 1826
Regulated
Businesses
Multi-Family &
Commercial
Hauler/
Jurisdiction
On-going
as needed
2nd Qtr
2021
. Determine method for
contacting self-haulers
(via direct contact,
business license,
survey). Determine if
regulated businesses
are self- hauling all
covered material or if
additional collection
service is needed.
o Confirm
recycling and
where
material is
taken
o Service needs
Self-Haulers &
AB 341 &
AB 1826
Regulated
Businesses
Multi-Family &
Commercial Hauler/
Jurisdiction
On-going
as needed
2nd Qtr
2021
Implement
identification and
collect data
Hauler Hauler
Annually &
on-going
asneeded
1 nd 2na Qtr 2021
New or Revised MCR &MORe Education
and Outreach
Send a Notice of the
newly adopted
Ordinance, the
Recycling Program and
Business License
Requirements as
applicable
Self-Haulers&
AB 341 &AB
1826 Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction On-going
as needed
3rd Qtr
2021
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 Send out AB 341 &
AB1826noncompliance letters
Self-Haulers&
AB 341 &
AB1826
Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction On-going
as needed
3rd Qtr
2021
Send out Exemption
Status Letters
Self-Haulers&
AB 341 &
AB1826
Regulated
Businesses
Multi-Family &
Commercial
Jurisdiction
Annually &
On-going
as needed
4th Qtr
2021
Include pertinent
articles in newsletters,
website and social
media
AB 341 &
AB1826
Regulated
Businesses
Multi-Family &
Commercial
Hauler/
Jurisdiction
At least
Qtrly& Ongoing as
needed
3rd Qtr
2021
Address Organics Capacity
Planning
Hauler/
Jurisdiction
Hauler/
Jurisdiction Annually 3rd Qtr
2021
Edible Food Recove Pro ram
. Determine types of
edible food
generators to target
(Tier 1 & Tier2)
. Meet with Tier 1
generators
. Determine food bank
or food recovery
services' capacity and
gaps
. Meet with food
bank/food recovery
services to discuss
opportunities
Tier 1
Hauler
Hauler
Hauler
Annually &
on-going as
needed
Annually &
on-going as
needed
3rd Qtr
2021
3rd Qtr
2021
DocuSign Envelope ID: 1B6E80F3-8D84-4108-9108-59530DEA1102 » Implement program
o Conduct outreachto
generators Tier 1
generators
. Provide
information on
website
. Meet with generators
Tier 1
generators
Hauler/
Jurisdiction
One Time
& on-going
as needed
3r Qtr
2021
o Conduct outreach to
generators Tier 2
generators
. Provide
information on
website
Tier 2
generators
Hauler/
Jurisdiction
One Time
& on-going
as needed
> rd 3ro Qtr 2023
o Meet with Tier 2
generators Tier 2
generators
Hauler/
Jurisdiction
One Time
& on-going
as needed
3rd Qtr 2023
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated February 13, 2019 ("Effective Date") and is between the City of Maywood, a California municipal corporation ("City") and Municipal Waste Solutions ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties", and individually as a "Party".
RECITALS
A. City desires to utilize the services of Consultant as an independent Consultant to perform solid waste consulting and management services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant's Services.
A. Sco e of Services. Consultant shall perform the services described in the Scope of Services (the "Sen/ices"), attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Pa Re resentatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Susan Contreras, Owner (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
Ver. 02/2019
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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Corn liance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through September 6. 2026, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Corn ensation. As full compensation for Sen/ices satisfactorily rendered, City shall pay Consultant at the rates set forth in the Approved Rate Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $45, 000 (the "Maximum Compensation") on an annual basis.
B. Ex enses. The City will not reimburse Consultant for any expenses, unless expenses are agreed upon in advance in writing by both parties and/or set forth in the Approved Rate Schedule.
C. Unauthorized Services and Ex enses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council or the City Representative shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts. -2- Ver. 02/2019
12501 -0003\2265755v1 . doc
B. Pa ment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement or within such other reasonable time dependent on the City's warrant run procedures. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
5. Independent Consultant. Consultant is, and shall at all times remain as to City, a wholly independent Consultant. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subconsultants shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work peri:ormed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary, " provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be sen/ed with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any -3- Ver. 02/2019
12501 -0003\2265755v1 . doc
response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subconsultants, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (GOV. Code § 81000, etseq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subconsultants shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, -4- Ver. 02/2019
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alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or emissions of Consultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent Consultant relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers' Corn ensation Acts not Limitin . Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
-5- Ver. 02/2019
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C. Insurance Re uirements not Limitin City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Sco e and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $1, 000, 000. 00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $1,000, 000. 00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1, 000, 000. 00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall provide insurance in the amount required by California law.
3) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of $1, 000, 000. 00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required, but Consultant shall execute a declaration that it has no employees.
B. Acce tabilit of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A. M. Best Insurance Rating Guide or such other rating as approved by the City Manager. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The general liability policy shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
-6- Ver. 02/2019
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D. Prima and Non-Contributin . The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
E. Consultant's Waiver of Subro ation. The insurance policies required under this Section shall not prohibit Consultant and Consultant's employees, agents or subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Covera e. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. Cit Remed for Noncom liance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager or such other official designed by the City Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City's Risk Manager. Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. -7- Ver. 02/2019
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Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnit Re uirements not Limitin . Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement.
K. Subconsultant Insurance Re uirements. Consultant shall require each of its subconsultants that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. Cit 's Coo eration. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.
B. Consultant's Coo eration. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Ri ht to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least ten calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obli ations u on Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant -8- Ver. 02/2019
12501-0003\2265755v1 . doc
for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set fori:h below:
If to City:
Attn: City Manager
City of Maywood
4319 East Slauson Avenue
Maywood, California 90270
If to Consultant:
Susan Contreras
Municipal Waste Solutions
P.O. Box 2045
Blue Jay, California 92317
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant or applicant for employment because of race, color, religious creed, sex, -9- Ver. 02/2019
12501 -0003\2265755v1 . doc
gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subconsultants and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subconsultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility -10- Ver. 02/2019
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or liability by City for any defect or error in the work prepared by Consultant, its employees, subconsultants and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall, " "will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing -11- Ver. 02/2019
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shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. "Business days" means days Maywood City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Maywood.
30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS}
-12- Ver. 02/2019
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Maywood,
a California municipal corporation
Consultant:
Municipal Waste Solutions
By:
Eduardo De La Riva
Mayor of the City of Maywood
By
Name: Susan Contreras
Title: Owner
ATTEST:
By: (^
Gerardo Mayagoitia, City Clerk
APPROVED AS TO FORM:
By:
Roxan i z, t im City Attorney
-13-
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Ver. 02/2019
EXHIBIT A
SCOPE OF SERVICES
The Services to be provided by Consultant is for Consultant's management and compliance monitoring of Commercial Waste Services with the terms of the waste hauler Collector Agreement entered into between the City and Commercial Waste Services (Collector) assigned on September 6, 2018 C'Collector Agreement"). The nature and scope of the specific services to be performed by Consultant are as set forth in the attachment to this Exhibit A, and shall be interpreted to ensure appropriate monitoring of the terms and conditions contained in the Hauler Agreement and Compliance with CalRecycle. The Services of Consultant are to coincide with the terms of the Collector Agreement. If during the term of this Agreement, there is a transition into any other Collector Agreement, the Services will be continued and transitioned to the new Collector.
A-1
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EXHIBIT B
APPROVED FEE SCHEDULE
Consultant shall conduct the Services at an annual cost of $45, 000. This amount shall be adjusted by the CPI that is set forth in the Collector's Agreement with regard to the Collector's obligation to reimburse the City for the Performance Audit Program Payment and AB 939 Program Payment. The time of the CPI adjusted shall be the same as in the Collector's Agreement. Any tasks requested by the City outside the scope of the Services as described in Consultant's proposal shall be in accordance with the Rate Schedule attached herein.
If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses only if approved in advance in writing by the City Administrator or designee. Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses. 12501 -0003\2265755v1 . doc
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 12.
DATE: September 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JOHN THORNTON, COMMUNITY SERVICES SUPERVISOR
SUBJECT: DISCUSSION AND APPROVAL OF THE 2026 HOLIDAY LIGHTING AND DECORATION PROJECT DESIGN; APPROVE THE PURCHASE FROM
CELEBRATION HOLIDAY STUDIO IN AN AMOUNT NOT TO EXCEED $148,000; AND
AUTHORIZE THE CITY MANAGER TO PROCURE AND APPROVE HOLIDAY LIGHTING FOR CITY HALL; AND APPROPRIATE FUNDS FOR THE PURCHASE RECOMMENDATION:
Staff recommends that the City Council:
• Approve the proposed 2026 holiday lighting and decoration design, including the Christmas tree, fencing, light pole banners, and related holiday decorations presented by Celebration Holiday Studio. • Approve the purchase of the holiday lighting and decoration package from Celebration Holiday Studio for an amount not to exceed $148,000.
• Authorize the City Manager to procure and purchase the holiday lighting for city hall. • Approve an appropriation of $150,000 as set forth in the agenda report. • Authorize the City Manager or designee to execute any necessary agreements, purchase orders, and related documents required to implement the approved holiday lighting and decoration project.
BACKGROUND:
The City of Maywood is looking to update its holiday decorations and provide a more festive appearance throughout the community during the Christmas holiday season.
At the August 26, 2026, City Council meeting, City Council discussed options for replacing and updating the City's existing Christmas tree and holiday decorations. Staff explained that many of the City's current decorations have been used for several years and have experienced normal wear and tear. Some decorations are damaged or have parts that are no longer readily available, making repairs more difficult and costly.
Following the discussion, City Council directed staff to continue developing the proposed holiday decoration project and move forward with the concept.
Following City Council's direction, staff worked with Celebration Holiday Studio to develop a holiday lighting and decoration design specifically for the City of Maywood. The proposed design is intended to provide a more consistent and attractive holiday appearance throughout the community while creating a festive environment for residents and visitors. The proposed holiday decoration package includes a decorated holiday tree,
fencing, holiday street banners, decorations for City light poles, including garland and bows, and other related holiday decorations.
The RGB lighting component is being treated as a separate project. Although a separate quote was received for RGB lighting, staff would like to conduct additional due diligence and obtain comparative pricing to evaluate available options before presenting the project for City Council consideration. To ensure that the project stays on schedule, staff will obtain additional quotes and the purchase will be done through the City Manager's purchasing authority.
Staff is now returning to City Council to request approval of the proposed holiday decoration design and purchase. A decision at this meeting is recommended because the vendor has advised that the expected lead time for the holiday items is approximately 8 to 10 weeks. Approval at this time will allow staff and the vendor to begin the ordering process and keep the project on schedule for the City's December holiday celebrations.
DISCUSSION:
Following the direction provided by City Council on August 26, 2026, Community Services staff continued working with Celebration Holiday Studio to develop the proposed 2026 holiday lighting and decoration package.
The proposed design will provide the City with a new and more consistent holiday look and will support the City's upcoming holiday programming. The decorated holiday tree will serve as one of the main features of the City's holiday celebration and provide a location for residents and families to take photographs and enjoy the holiday season.
The proposed holiday decoration package includes the following:
• External Christmas tree for display at City Hall.
• Fencing surrounding the holiday tree.
• Custom holiday banners.
• Decorations for City light poles.
• Decorative garland and bows.
• Other related holiday decorations included in the vendor's proposed package.
The total cost of the holiday decoration package from Celebration Holiday Studio is $148,000.
The RGB lighting project is separate from the holiday decoration package being presented for approval at this meeting. A separate quote of approximately $20,000 was received for the RGB lighting component.
Staff has elected to keep the RGB lighting project separate to allow for additional due diligence, including obtaining and reviewing comparative vendor quotes and evaluating the scope, cost, and potential uses of yearround RGB lighting.
The proposed RGB lighting would provide the City with the ability to enhance future holiday celebrations, special events, community activities, and awareness campaigns. Staff is requesting the Council authorize its procurement and purchase by the City Manager. It is expected that this will be under the City Manager's purchasing authority.
Holiday Decoration Timeline
Staff recommends that City Council make a final decision on the proposed holiday decoration design and purchase at this time due to the vendor's estimated lead time of approximately 8 to 10 weeks for ordering and preparing the holiday items.
Making a decision now will allow Celebration Holiday Studio sufficient time to order, manufacture, prepare, and deliver the items in time for the City's holiday events.
The timing is important because the City is scheduled to begin its holiday programming in December, including the Tree Lighting Countdown on December 3, 2026, followed by Holiday Around Maywood on December 14 and 15, 2026. Delaying the decision could affect the City's ability to receive and install all the proposed
decorations before the holiday events.
If approved, staff will work with Celebration Holiday Studio to finalize the order, confirm the installation schedule, and coordinate delivery and setup.
LEGAL REVIEW:
The City Attorney has review this report.
FISCAL IMPACT:
The fiscal impact of this item is estimated to be between $50,000 and $150,000, depending on the final scope and funding requirements. Assuming the full amount of up to $150,000 is needed and approved, an additional appropriation from the General Fund is necessary.
The RGB lighting project for City Hall will be procured by the City Manager and based on the quote from RGB, staff expects that the cost will be $20,000 or less.
The table below summarizes the estimated General Fund balance if this item is approved.
F.Y. 26-27 Impact: $50,000 - $170,000 Current F.Y. Budget: 2026 - 2027 Fund Impacted: 100 General Fund Budget adjustment requested: $170,000 Estimated Fund Balance FY26/27 through
Council Meeting 8/26/26: $11,029,404.00
Updated General Fund Estimated Fund Balance,
assuming an additional $150,000 appropriation:
$10,879,404.00
ATTACHMENT(S)
1. City of Maywood 2026 Holiday Decor Program - Final Selections
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 13.
DATE: September 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: JOHN THORNTON, COMMUNITY SERVICES SUPERVISOR
SUBJECT: CONSIDERATION OF APPROVING A COMMUNITY BENEFIT FUND GRANT IN THE AMOUNT OF $15,000 TO IRVINE FC ACADEMY – MAYWOOD FOR YOUTH SOCCER
PROGRAMMING
RECOMMENDATION:
Staff recommends that the City Council:
1. Consider the approval of a $15,000 Community Benefit Fund grant to Irvine FC Academy – Maywood to support youth soccer programming
2. Authorize the City Manager, or designee, to execute any necessary documents and take all appropriate actions necessary to administer the Community Benefit Fund award.
BACKGROUND:
The City of Maywood Community Benefit Fund provides financial assistance to organizations that provide programs, services, activities, and opportunities that benefit Maywood residents. The fund allows the City to support a variety of community programs while providing local organizations with resources to continue serving Maywood residents.
Irvine FC Academy – Maywood is a youth and young adult soccer organization based in the City of Maywood.
According to its application, the organization began operating on March 12, 2024, and focuses on providing soccer opportunities to youth and young adults in Maywood. For the current funding cycle, Irvine FC Academy – Maywood has requested $15,000 from the Community Benefit Fund.
Irvine FC Academy – Maywood is a returning Community Benefit Fund recipient. During Fiscal Year 2025– 2026, the City awarded the organization $10,000. According to the organization's final report, approximately 50 participants benefited from the program during the previous funding period. The organization reported that the entire $10,000 award was used, with $0 remaining.
The previous year's funding was used for several direct program expenses, including youth uniforms, the MaCES soccer field for practices, and referee fees for the "spring season." The organization explained that the MaCES field was particularly important because it provided the club with a consistent place to practice within the City of Maywood.
The organization also reported that having a practice field within Maywood made it easier for many participants to attend practices. According to the final report, some players were able to walk to practice rather than depend
on transportation from their parents or friends. The organization reported that the program also helped attract more players and provided local youth with access to a competitive soccer program close to home.
Staff reviewed the organization's previous Community Benefit Fund award and final report. Irvine FC Academy – Maywood completed the requirements associated with its previous award, including reporting on the use of the funds and program impact. Based on the successful completion of the prior award, the organization is being considered for returning funding.
DISCUSSION:
For the current funding cycle, Irvine FC Academy – Maywood is requesting $15,000, which is an increase of $5,000, over the $10,000 awarded by the City during Fiscal Year 2025–2026.
The organization proposes to use the funding for the MaCES practice field, weekend field fees, referee fees, and summer tournament expenses. The organization explains that the MaCES field must be reserved through LAUSD and that payment is required in advance. Remaining funds would be used on a weekly basis for other program-related costs.
The MaCES practice field rental expense is based on LAUSD's established facility rental fee schedule and is not a fee established by Irvine FC Academy. The field rental cost is therefore an expense the organization must account for when operating its program at the MaCES site.
LAUSD's facility-use fees are administered pursuant to its facility-use policies and the requirements of California's Civic Center Act, Education Code Sections 38130–38139. The Civic Center Act provides the framework for community use of public school facilities and permits school districts to establish and charge fees associated with the use of school facilities and grounds, subject to applicable requirements and District policies.
To further support programming, Irvine FC Academy charges participants fees to participate in its competitive travel soccer team. These participant fees support the overall operation of the travel program, including coaching, league participation, uniforms, tournaments, and other team-related expenses. The organization's Community Benefit Fund request is intended to supplement those resources and assist with specific program expenses that directly support youth participating in the Maywood program.
The current request is generally similar to the organization's previous Community Benefit Fund request, but the organization has identified additional costs for the current funding cycle, including weekend field fees and summer tournament expenses, in addition to the ongoing costs associated with the MaCES practice field and referee fees.
The previous funding provided the City with measurable information regarding the program. Irvine FC Academy reported approximately 50 participants fully used the $10,000 award, and reported that the funding helped provide youth with access to a practice field located within Maywood. The organization also reported that the program helped attract additional players and provided local youth with an opportunity to participate in a competitive soccer program close to home.
The requested funds will help maintain access to a practice field within Maywood, support participation in competitive soccer, and offset costs associated with referees, weekend field use, and tournament participation.
The organization successfully completed its previous Community Benefit Fund award requirements and fully expended the prior $10,000 allocation. The program also demonstrated a direct community benefit by providing approximately 50 youth with access to a competitive soccer program and a practice location within the City.
Staff recommends that the City Council consider the $15,000 Community Benefit Fund request from Irvine FC Academy – Maywood.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The Community Benefit Fund has a $75,000 budget for Fiscal Year 2026–2027. To date, the City has awarded $34,850, leaving $40,150 available.
If approved, total Community Benefit Fund awards for Fiscal Year 2026–2027 will leave $25,150 available for other eligible organizations and programs.
.
F.Y. 26-27 Impact:$15,000.00 Current F.Y. Budget 2026-27: $75,000.00 Fund Impacted: 100-General Fund Budget adjustment requested: $0 Account Number: 100-302-6301-9999 Remaining Budget:$25,150.00
ATTACHMENT(S)
1. Irvine FC Community Benefit Fund Application
2. Irvine FC Final report
3. Irvine FC Photo 1
4. Irvine FC Photo 2
$10,000 $0Approximately 50
The Community Benefit Fund Grant was used for different ways for Irvine FC Academy - Maywood. It was used at the beginning to pay for Uniforms for our youth teams. With this our club was able to look a lot more organized and helped the morale of the players since they liked the way they looked. A big part of the grant was used to help us pay for the Maywood Center for Enriched Studies Magnet Soccer Field for practices. This was the most important for us since it helped us have a base to practice in the City of Maywood. This way, many players were able to attend practice by just walking rather than needing to get a ride from their parents or friend. The last bit of the grant was used to pay for the referee fees from the Spring Season since a bit chunk of our funds is used into paying that. Page 371 of 383 This grant has impacted the community of Maywood positively since we are getting more players coming to our club that is in the city. The reason being that it is close by and we are a competitive club for those who want to strive to make it far in this sport. This is the first time this city has ever had a competitve soccer club play at the level we are currently playing at.
This helps promote the youth in this city to want to partake in this club which ensures they are partaking in a healthy habit rather than being influenced by negative habits that may be happening around them. If the youth become as invested in this as we know they could, then slowly their parents and other residents of Maywood will become invested. Page 372 of 383
AGENDA REPORT
CITY OF MAYWOOD
AGENDA ITEM NO. 14.
DATE: September 23, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JENNIFER VASQUEZ, CITY MANAGER
BY: DAISY GUERRERO, DIRECTOR OF BUILDING AND PLANNING
SUBJECT: DISCUSSION AND DIRECTION OF RENTAL REGISTRATION FEES AND THE
ADDITIONAL ANALYSIS AND FISCAL CONSIDERATION CONDUCTED REGARDING
SUCH FEES
RECOMMENDATION:
Staff recommends that the City Council receive and discuss the updated fiscal analysis associated with the Rental Registry policy options previously presented to the City Council; provide direction regarding which, if any, policy option(s) staff should advance; and direct staff and the City Attorney to return with any necessary ordinance amendments.
BACKGROUND:
2024 COST OF SERVICES STUDY AND EXISTING FEE STRUCTURE SUMMARY In 2024, the City retained Revenue & Cost Specialists, LLC to prepare a Rent Stabilization Program Cost of Services Study to evaluate the anticipated costs of administering and enforcing the City’s Rent Stabilization and Tenant Protection programs and establish a cost-recovery framework for the Rental Registry Program.
The May 16, 2024, study evaluated approximately 4,900 eligible rental units and considered alternative staffing models. Under the two-staff models used to establish the City’s fees, the study recommended a $90 per-unit fee for regular registrations and a $63 per-unit fee for registration exemptions. Based on an estimated 4,655 regular registration units and 245 exemption units, the study projected approximately $434,592 in annual registration-related revenue.
The study also recognized that actual program activity would become clearer following implementation and contemplated reevaluating the fee structure as additional operational data became available. The FY 2025–26 data analyzed in this report provides actual property, registration, and payment information that allows the City Council to compare current program activity with the assumptions used to establish the original fee structure and evaluate the fiscal impact of the policy options under consideration.
On July 22, 2026, the City Council considered an item regarding Rental Registration fees and policies for owner-occupied properties as required under the City's Rent Stabilization Ordinance.
The discussion was intended to provide Council with several policy alternatives addressing owner-occupied properties, immediate-family occupancy, smaller rental properties, senior or financial hardship considerations, and the continued registration of properties that may otherwise qualify for fee relief. At that time, staff
presented six policy options for Council consideration:
Option 1 – No Changes
Maintain the existing Rent Stabilization Ordinance and Rental Registry Program, including the current registration and fee structure.
Option 2 – Immediate Family Occupancy
Waive registration fees for qualifying owner-occupied properties containing four units or fewer when an additional unit is occupied exclusively by an immediate family member and no rent is collected, while continuing to require annual registration.
Option 3 – Single-Family Occupancy
Waive registration fees for qualifying single-family residences occupied exclusively by immediate family members while continuing to require annual registration.
Option 4 – Flat Registration Fee
Replace the existing per-unit registration fee with a flat annual registration fee for qualifying owner-occupied properties containing four units or fewer. Properties containing five or more units would remain subject to the existing fee structure.
Option 5 – Senior Citizen or Financial Hardship Fee Reduction Establish a reduced registration fee for qualifying senior citizens or property owners meeting established financial-hardship criteria.
Option 6 – Continue Registration While Waiving Fees
Continue requiring annual registration for qualifying exempt properties or units while waiving applicable annual registration fees. Following Council discussion, staff was directed to further evaluate the options and provide additional information regarding the potential fiscal impact. Staff has since reviewed available FY 2025–26 parcel and payment information and developed an updated analysis to provide Council with a more complete understanding of existing program revenue and the potential fiscal implications of the previously presented policy options. The options presented in this report are not mutually exclusive. The City Council may provide direction to pursue an individual option or a combination of options based on Council's policy direction.
DISCUSSION:
FY 2025–26 PROPERTY AND PAYMENT ANALYSIS
Staff cross-referenced available parcel information with FY 2025–26 Rental Registry payment records. A total of 729 unique properties were identified, consisting of 562 properties containing one to four units and 167 properties containing five or more units.
Property-level analysis summary:
Property Size Identified Properties FY25–26 Payment No Matched Payment % Paid 1 Unit 43 30 13
2 Units 188 121 67
3 Units 205 157 48
4 Units 126 101 25
1–4 Units 562 409 153
5+ Units 167 135 32
TOTAL 729 544 185 74.6%
Of the 729 properties reviewed, 544 properties paid the FY 2025–26 payment, or representing 74.6 percent of the payment data collected.
FY 2025–26 ACTUAL REGISTRATION REVENUE
The raw FY 2025–26 payment records show that there were 3,318 units registered, the table below breaks down the fees paid by each unit:
Fee Category Units Reflected Fee Revenue
Regular Registration 3,318 $90 $298,620
Registration Exemption 250 $63 $15,750
Fee-Waived Exemption 2 $0 $0
TOTAL 3,570 — $314,370
Approximately 95 percent of FY 2025–26 base registration revenue was generated through the regular $90 registration fee, while approximately 5 percent was generated through the $63 exemption fee.
REVENUE BY PROPERTY UNITS CATEGORY
The raw payment data further distinguishes revenue generated by properties containing one to four units and properties containing five or more units.
Property Category $90 Regular Units Regular Revenue $63 Exempt Units Exemption Revenue Base Revenue 1–4 Units 1,619 $145,710 234 $14,742 $160,452
5+ Units 1,699 $152,910 16 $1,008 $153,918
TOTAL 3,318 $298,620 250 $15,750 $314,370
OWNER-OCCUPIED PROPERTIES
The Rental Registry data also provides information regarding owner-occupied properties, which is particularly relevant to Council's consideration of the policy options affecting smaller rental properties.
Based on the information currently available, staff identified approximately 188 properties containing four units or fewer with one owner-occupied registered unit. These properties are particularly relevant to the policy discussion because several of the options previously presented to Council contemplate potential fee relief for owner-occupied properties, properties that include immediate-family occupancy, or smaller properties.
The analysis identified approximately $62,604 in existing registration revenue associated with the 188 owneroccupied properties. For purposes of evaluating the policy options, there are two additional property types that could fall under the owner-occupied category. The table below groups all three possible scenarios:
Property Types Identified
Population
FY25–26 Revenue Reference
Owner-Occupied Properties with ≤4 Units 188 properties Approximately $62,604 Fee-Paying Exempt Units within 1–4 Unit
Properties
234 units $14,742
Single Family Properties 43 properties $4,014 base (of the 43 only 30 properties fit this payment description)
These property types may overlap with one another and should not be added together when estimating the fiscal impact of a combination of policy options. For example, an owner-occupied property may also contain an exempt unit or may otherwise qualify under another policy option.
Final fiscal impacts associated with a combination of options would therefore require staff to identify and remove overlapping properties or units based upon the specific policy direction provided by Council.
COMPARISON TO THE 2024 COST OF SERVICES STUDY
The availability of FY 2025–26 actual payment data allows the Council to compare current program activity with the assumptions used when the existing fees were established.
Revenue Measure 2024 Study Projection FY25–26 Actual
Difference
Regular Registration $419,067 $298,620
Exemption Fees $15,525 $15,750
Base Registration Revenue $434,592 $314,370
$120,222
Based on FY 25-26 registration collections, revenue was approximately $120,222 below the amount projected
in the original study.
This difference should not be interpreted as $120,222 in delinquent or immediately collectible revenue. The original study was based on an estimated eligible rental-unit population, while the FY 2025–26 figures reflect actual payment activity. Changes in property status, occupancy, exemptions, registration participation, and the rental housing inventory may contribute to the difference.
UPDATED ANALYSIS OF PREVIOUSLY PRESENTED POLICY OPTIONS OPTION 1 – NO CHANGES
Under Option 1, the City would maintain the existing Rent Stabilization Ordinance and Rental Registry Program, including the current registration and fee structure. The existing fees would remain $90 per regular rental unit and $63 per qualifying exempt unit.
Using FY 2025–26 actual payment activity as the historical baseline, the City collected approximately $314,370 in base registration revenue.
OPTION 2 – IMMEDIATE FAMILY OCCUPANCY
Under Option 2, registration fees would be waived for qualifying owner-occupied properties containing four units or fewer when an additional unit is occupied by an immediate family member, while continuing to require annual registration. This option is directly related to the City's owner-occupied and exemption populations.
Staff identified approximately 188 owner-occupied properties containing four units or fewer, which generated approximately $62,604 in registration revenue under the existing fee structure.
The FY 2025–26 payment records also identified 234 fee-paying exemption units associated with 2–4 unit properties, generating approximately $14,742 in exemption-fee revenue. The Registry data does not currently establish that each of these 234 exemption units represents immediate-family occupancy as there are additional ways a unit may qualify to be exempt from the program.
OPTION 3 – SINGLE-FAMILY OCCUPANCY
Under Option 3, registration fees would be waived for qualifying single-family residences occupied by immediate family members. However, annual registration would still be required to confirm that the unit remains occupied by the owner's immediate family member.
For the purpose of evaluating this option, staff identified 43 one-unit properties within the Rental Registry property data.
The table below represents the revenue associated with this category:
Single Family Property Analysis FY25–26
Identified Properties 43
Properties Registered 30
Properties not Registered 13
Base/Net Fees Collected $4,014.00
Total City Fees $5,074.65
If all single-family properties qualified for the fee waiver contemplated under Option 3, and if this option is selected, the reduction would be approximately $4,014 annually. The actual fiscal impact could be lower depending upon how many of the one-unit properties satisfy the final eligibility requirements established by Council.
The additional 13 single family properties without matched payments could affect future revenue if they are subsequently determined to be subject to registration. However, potential revenue from those properties has not been treated as guaranteed revenue.
OPTION 4 – FLAT REGISTRATION FEE
Under Option 4, the existing per-unit registration fee would be replaced with a flat annual registration fee for qualifying owner-occupied properties containing four units or fewer. Properties containing five or more units would remain subject to the existing fee structure.
Based on FY 2025–26 data, staff identified approximately 188 owner-occupied properties containing two to four units, which generated approximately $62,604 in registration revenue under the current fee structure.
Consistent with the structure previously presented to the City Council, staff evaluated a graduated annual flat fee of $75 for two-unit properties, $100 for three-unit properties, and $125 for four-unit properties. The proposed structure is intended to provide a reduced property-level fee for qualifying owner-occupied properties while continuing to require annual registration.
Based on the available property data, the estimated revenue under the proposed graduated flat-fee structure is as follows:
Property SizeOwner-Occupied PropertiesProposed Flat FeeProjected Annual Revenue 2 Units 84 $75 $6,300
3 Units 78 $100 $7,800
4 Units 26 $125 $3,250
Total 188 — $17,350
Based on the 188 owner-occupied two- to four-unit properties identified in the FY 2025–26 data, the proposed graduated flat-fee structure would generate approximately $17,350 annually. The estimated annual revenue reduction for this option is $45,254, if we assume that all 188 properties qualify for the proposed fee structure.
OPTION 5 – SENIOR CITIZEN OR FINANCIAL HARDSHIP FEE REDUCTION Under Option 5, qualifying senior citizens or property owners meeting established financial-hardship criteria would receive a reduced annual registration fee.
Current Rental Registry does not contain sufficient age or income information to determine the number of property owners that could qualify under this option. Accordingly, staff cannot currently calculate a reliable fiscal impact.
OPTION 6 – CONTINUE REGISTRATION WHILE WAIVING FEES
Under Option 6, qualifying exempt properties or units would continue to be required to register annually, but
applicable annual registration fees would be waived. This approach would allow the City to maintain property, ownership, and occupancy information within the Rental Registry while providing fee relief to properties or units meeting the eligibility criteria established by Council.
FY 2025–26 payment records identified 250 fee-paying exemption units, including:
234 exemption units within 2–4 unit properties, generating $14,742; and 16 exemption units within 5+ unit properties, generating $1,008.
If Option 6 were applied to all 250 fee-paying exempt units, the maximum historical base-revenue reduction would be approximately $15,750 annually. The current exemption fee per unit is $63.
The actual fiscal impact would depend upon the eligibility criteria ultimately established by Council.
SUMMARY OF POLICY OPTIONS AND ESTIMATED FISCAL IMPACT
Option Policy FY25–26 Fiscal Reference
1 – No Changes Maintain existing fee structure $314,370 base revenue maintained 2 – Immediate Family
Occupancy
Waive fees for qualifying immediate-family
occupancy in owner-occupied ≤4-unit
properties
Up to $14,742 reduction, using 234 exemption units as an upper-bound proxy
3 – Single-Family
Occupancy
Waive fees for qualifying one-unit properties Up to $4,014 reduction, based on actual one-unit base revenue
4 – Flat Registration Fee Flat annual fee for qualifying owner-occupied ≤4-unit properties
188 owner-occupied properties / $62,604 existing revenue; prior uniform $125 analysis = approximately $39,104
reduction
5 – Senior/Financial
Hardship
Reduced fee for qualifying owners Cannot currently be quantified with existing age/income data 6 – Continue
Registration/Waive Fees
Continue registration while waiving applicable
fees for qualifying exemptions
Up to $15,750 reduction for all 250 fee-paying exemptions; $14,742 if limited to 1–4 unit exemptions
The estimated fiscal impacts are not necessarily cumulative. The owner-occupied, exempt, immediate-family, and one-unit populations may overlap. If Council directs staff to pursue a combination of options, staff would identify overlapping properties and units before calculating the final fiscal impact.
PROGRAM COST CONSIDERATIONS
The fiscal effect of any fee reduction should also be evaluated against the City's cost of administering the Rent Stabilization and Rental Registry programs.
Program Cost FY 2026–27
Two Housing Specialists – Salary & Benefits $179,279.44
3Di Software/Technology $48,621.00
Office Supplies $500.00
Memberships $8,000.00
Conference / Education $1,000.00
TOTAL PROGRAM COST* $237,400.00
*Additional program costs include, legal services, assistance from other departments (Administration and Finance), outreach and noticing, petition and hearing administration, enforcement, and other direct and indirect costs.
Based upon Council direction, staff would work with the Finance Department and City Attorney to finalize the selected policy option or combination of options and prepare any necessary amendments to the Rent Stabilization Ordinance and fee schedule. Staff anticipates returning to the City Council in October 2026 for introduction and first reading of the ordinance, followed by second reading and adoption in November 2026.
This timeline will ensure that implementation of any changes occurs prior to the next Registration Renewal period begins.
LEGAL REVIEW:
The City Attorney has reviewed this report.
FISCAL IMPACT:
The fiscal impact will vary depending upon the policy option or combination of options ultimately selected by Council. It is also important to note that there could be overlap in how a property is calculated and, for that reason, it would not be appropriate to sum any of the options to determine the potential loss of revenue. Each should be considered as individual estimates.
In summary, below are estimates for each option:
Option 1 would maintain the existing revenue structure and result in no policy-driven reduction.
Option 2 could affect up to approximately $14,742 in annual exemption-fee revenue if all 234 fee-paying exemptions associated with 2–4 unit properties were assumed to qualify for immediate-family occupancy. This represents an upper-bound planning estimate because the existing data does not identify the specific basis for each exemption.
Option 3 could affect approximately $4,014 in annual base registration revenue associated with the 30 one-unit properties that had matched FY 2025–26 payments.
Option 4 applies to the approximately 188 identified owner-occupied properties containing four units or fewer, which were associated with approximately $62,604 in existing registration revenue in the prior analysis.
Applying a uniform $125 annual property fee would generate approximately $23,500 and result in an estimated reduction of approximately $39,104. A graduated $75/$100/$125 structure would require application of the respective fee to the unit composition of the 188 owner-occupied properties.
Option 5 cannot be quantified because the Rental Registry does not contain the age and income information necessary to identify the potentially qualifying population.
Option 6 could affect up to approximately $15,750 in annual exemption-fee revenue if applied to all 250 feepaying exemptions, or approximately $14,742 if limited to the 234 exemptions associated with properties containing four units or fewer.
ATTACHMENT(S)